FAQs

You should not remove the property of the unlawful occupier without a court order and without the sheriff being present.

If you do remove the property of the unlawful occupier without a court order, this may constitute an eviction and could constitute a criminal offence.

Additionally, this may constitute ‘spoliation’. The unlawful occupier would be able to approach the courts or the Rental Housing Tribunal to get an order against the landlord that the landlord must restore possession of the property to the unlawful occupier.

You cannot switch off the water and lights without a court order. If you do switch off the water and lights, the tenant will be able to approach the courts (or the Rental Housing Tribunal) for an order that would force you to switch back on the water and lights because you ‘spoliated’ the tenant’s possession and hold you liable for his/her legal costs.

You should not remove the property of the unlawful occupier without a court order and without the sheriff being present.

If you do remove the property of the unlawful occupier without a court order, this may constitute an eviction and could constitute a criminal offence.

Additionally, this may constitute ‘spoliation’. The unlawful occupier would be able to approach the courts or the Rental Housing Tribunal to get an order against the landlord that the landlord must restore possession of the property to the unlawful occupier.